2016/0284(COD) | [ParlTrack]

Proposal for a regulation
Article 3 – paragraph 4

(4) A right holder shall have the same rights and obligations resulting from the agreement between the operator of the retransmission service and the collective management organisation which is deemed to be mandated to manage his or her right as the right holders who have mandated that collective management organisation and shall be able to claim those rights within a period, to be fixed by the Member State concerned, which shall not be shorter than three years from the date of the retransmission which includes his or her work or other protected subject matter.deleted

Amendment 101 #

Proposal for a regulation
Article 3 – paragraph 5

(5) A Member State may provide that, where a right holder authorises the initial transmission within its territory of a work or other protected subject matter, the right holder shall be deemed to have agreed not to exercise his or her rights in retransmission on an individual basis but to exercise them in accordance with this Regulation.deleted

Amendment 102 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5a) Paragraphs 1 to 5 shall apply to all service providers or parties who package and communicate to the public television and radio programmes of broadcasting organisations, irrespective of whether the broadcast signal has been received directly or indirectly, without prejudice of the authorisation that broadcasting organisations have to get from rightholders for the act of communication to the public they perform jointly with service providers.

Amendment 103 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5a) Collective management organisations shall maintain a database providing information related to the application of the copyright and related rights including the owner of a right, the type of use, the territory, and period of time.

Amendment 104 #

Proposal for a regulation
Article 4 – paragraph 1

Article 3 shall not apply to the rights exercised by a broadcasting organisation in respect of its own transmission, irrespective of whether the rights concerned are its own or have been transferred to it by other holders of copyright or by holders of related rights. This does not affect the possibility to apply Article 3 and its paragraph 3a respectively in case the parties agree to such a use.

Amendment 105 #

Proposal for a regulation
Article 4 b (new)

Article 4 b Extended collective licencing 1. Member States may extend the application of a non-exclusive licence concluded by a collective management organisation, on behalf of its members, with an information society service or a linear audiovisual media or radio service provider for the communication to the public or making available of, as well as the acts of reproduction which are necessary for the provision of, broadcasters' radio or television programmes and audiovisual works provided by the broadcasting organisation to the public, to rightholders of the same category as those covered by the licence who are not represented by the collective management organisation, provided that: (a) the collective management organisation is, on the basis of mandates from rightholders, broadly representative of rightholders in the category of works or other subject-matter and of the rights which are the subject of the licence; (b) equal treatment is guaranteed to all rightholders in relation to the terms of the licence; (c) the collective management organisation makes available to all rightholders information about the exploitation of the works subject to this paragraph; (d) all rightholders may at any time exclude the application of the licence to their works or other subject-matter. 2. Exceptions or limitations introduced by Member States to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC apply in cases related to the provision to the public by an information society service provider of works covered by paragraph 1, insofar as the relevant rightholder does not exclude the application of the non-exclusive license.

Amendment 106 #

Proposal for a regulation
Article 5 a (new)

Article 5 a Exploitation of broadcasting programmes through a direct injection process Broadcasting organisations that transmit their programme carrying signals through a direct injection process to distributors for reception by the public are jointly liable together with such distributors for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together. Such broadcasting organisations and such distributors should therefore obtain an authorisation from the concerned rights holders as concerns their respective participation in such acts.

Amendment 107 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

(2a) This review shall consider the potential need to extend this Regulation to other online services in light of technological and market developments.

Amendment 108 #

Proposal for a regulation
Article 7 – paragraph 2 a (new)

(2a) This Regulation is without prejudice to Directive 2010/13/EU and Directive 2000/31/EC.

Amendment 27 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to ~~broadcasts of~~ television and radio programmes, including catch-up services, not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin. This is a positive development and geo-blocking should not be the default position for all audiovisual content produced in the European Union and transmitted online; however the territorial funding model for European content is vital to the success of the European audiovisual media sector.

Amendment 28 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ~~ancillary to their broadcast~~, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. The distribution of and access to television and radio programmes is therefore increasingly done on a multiplatform and technologically neutral basis. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes on any platform in a borderless environment, therefore not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin.

Amendment 29 #

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services ~~which are ancillary to~~by broadcasters and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights' clearance. The clearance of rights insufficiently exists on a multiplatform and technology neutral basis and therefore limits the potential of innovation and value that can be created from technological developments. Administrative costs arising from the clearance of rights prevent broadcasters from investing in innovative models to distribute and promote content. In addition, public broadcasting organisations have a duty, either stipulated by law or statute, to promote local culture or improve access to information. Therefore, in order to effectively fulfil these duties and reach the population that has contributed fees or taxes to fulfil this public service, public broadcasters should be able to make available their content to the population of that Member State, independent from their place of residence or temporary location.

Amendment 30 #

Proposal for a regulation
Recital 3

Amendment 31 #

Proposal for a regulation
Recital 3

Amendment 32 #

Proposal for a regulation
Recital 4

(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have a very short time- frame for obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration if access to the service is not provided based on individual subscriptions or in exchange of a price or against counterperformance other than money. This risk can however be addressed through contractual agreements.

Amendment 33 #

Proposal for a regulation
Recital 4

Amendment 34 #

Proposal for a regulation
Recital 4

Amendment 35 #

Proposal for a regulation
Recital 6

(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ~~ancillary t~~of broadcasters while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies such as wire and wireless technologies. _________________ 17 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission OJ L 248, 6.10.1993, p. 15– 21.

Amendment 36 #

Proposal for a regulation
Recital 6

(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services, whether ancillary to broadcast or not, while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies. _________________ 17 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission OJ L 248, 6.10.1993, p. 15– 21.

Amendment 37 #

Proposal for a regulation
Recital 7

(7) Therefore, cross-border provision of online services ~~ancillary t~~of broadcasters and online retransmissions of television and radio programmes on a multiplatform and technology neutral basis originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities.

Amendment 38 #

Proposal for a regulation
Recital 7

(7) Therefore, cross-border provision of online services of broadcasters, in particular those ancillary to broadcast and retransmissions of television and radio programmes originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities.

Amendment 39 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are those services offered by broadcasting organisations ~~which have a clear and subordinate relationship to the broadcast~~. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access~~, within a defined time period after the broadcast,~~ in a non-linear manner to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services). In addition, ~~ancillary~~ online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should ~~not~~ be regarded as an ~~ancillary~~ online service. ~~Similarly, t~~The provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of an~~cillary~~ online service for the purpose of this Regulation.

Amendment 40 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast,services giving access to television and radio content including services giving access to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch-up services). ~~In addition, ancillary online services~~They include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, as well as material genuinely produced for the online environment. Public broadcasters in particular need to be able to use different dissemination channels to reach different audiences in order to fulfil their public service mandate. In order to reach all categories of audiences, the possibility to disseminate services designed specifically for the online environment is crucial. Therefore, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos~~, do not fall under~~ and webcasting are included in the scope of the definition of ~~ancillary~~ online services. .

Amendment 41 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast,services giving access to television and radio content including services giving access to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch-up services). ~~In addition, ancillary online services~~They include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content~~. The provision of access to individual works~~ , as well as content genuinely produced or licensed for othe~~r protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly~~ online environment. Public broadcasters in particular need to be able to use different dissemination channels to reach different audiences in order to fulfil their public service mandate. In order to reach younger audiences, the possibility to disseminate services designed for the online environment is crucial. Therefore, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos~~, do not fall under~~ licensed for the broadcaster, and webcasting are included in the scope of the definition of ~~ancillary~~ online services.

Amendment 42 #

Proposal for a regulation
Recital 8

(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access~~, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch-up services)~~ to television and radio programmes during, or within a defined time period after, the broadcast. In addition, ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service.

Amendment 43 #

Proposal for a regulation
Recital 8 a (new)

(8a) In light of the relationship and interaction between this Regulation and Directive 2010/13/EU of the European Parliament and of the Council1a and Directive 2000/31/EC of the European Parliament and of the Council1b , it should be clear that the general intention of this Regulation is to unify access to, and provision of, all online services across the EU and to set general rules, rights and obligations. It is not the intention to override some of the key principles, as covered by these sectoral pieces of legislation. This Regulation therefore should be without prejudice to Directive 2010/13/EU and to Directive 2000/31/EC. _________________ 1aDirective 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1). 1bDirective 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).

Amendment 44 #

Proposal for a regulation
Recital 9

(9) In order to facilitate the clearance of rights for the provision of ancillary online services across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision of, the access to or the use of an ancillary online service. That principle of country of origin should apply exclusively to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations and solely for the purpose of the provision of, the access to or the use of an ancillary online service. The principle of country of origin should not apply to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights and which is contained in the ancillary online service.deleted

Amendment 45 #

Proposal for a regulation
Recital 9

(9) In order to facilitate the clearance of rights for the provision of ancillary broadcaster online services across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision of, the access to or the use of an ancillary online service, when broadcasters have not yet exercised copyright and related rights relevant for these acts. That principle of country of origin should apply exclusively to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations and solely for the purpose of the provision of, the access to or the use of an ancillary broadcaster online service. The principle of country of origin should not apply to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights and which is contained in the ancillary broadcaster online service.

Amendment 46 #

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that ~~in arriving at the amount of the payment to be made for the rights in question, the parties shoul~~the parties fix appropriate remuneration. To be deemed appropriate, such remuneration should be reasonable in relation to the economic value of the service provided and take into account all aspects of the ancillary online service such as the features of the service, the actual and potential audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and ~~the~~all language versions and subtitled versions.

Amendment 47 #

Kaja KALLAS, Dita CHARANZOVÁ, Marietje SCHAAKE

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States upon contractual agreement, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version.

Amendment 48 #

Proposal for a regulation
Recital 11

(11) Through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, as the implementation of Council Directive 93/83/EEC has proven, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 49 #

Proposal for a regulation
Recital 11

(11) Through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission or certain language versions and the necessarily territorial nature of certain contracts are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 50 #

Proposal for a regulation
Recital 11

(11) TIt is essential to recall that, through the principle of contractual freedom, it ~~will~~should be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with national and Union laws.

Amendment 51 #

Andreas SCHWAB

Proposal for a regulation
Recital 11

(11) Through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission, such as geo-blocking and geo-filtering, or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 52 #

(11) Through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.Does not affect the English version.)

Amendment 53 #

Proposal for a regulation
Recital 11 a (new)

(11a) In order to allow the reforms needed to implement this Regulation to be applied by all, some organizations may need additional time to adjust, and therefore should be able to use a time- limited opt-out regime based on the current schemes. This transitional period should be 18 months to allow for adjustment of their licensing scheme with regard to this Regulation.

Amendment 54 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, ~~closed circuit~~ IP-based, mobile and similar networks, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this in. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. In order to adapt to the development of digitial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled envirechnologies and to the changing user behaviour, this mechanism should include the retransmission, in an unaltered manner, via the Internet (so called over- the-top (OTT) service providers). The inclusion of OTT is crucial for allowing, in line with consumer expectations, portability of such services within the Member State of residence, as well as beyond, through the mechanism established by Regulation 2017/... of the European Parliament and of the Council1a. _________________ 1aProposal for a Regulation of the European Parliament and of the Council onm en~~t is limited w~~suring then c~~ompared for example to cable or closed circuit IP-based networks.~~ ross-border portability of online content services in the internal market, COM(2015)0627.

Amendment 55 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should ~~be excluded from~~also be within the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit IP-based networksif they ensure a controlled environment and can show that their services have a clearly definable user group.

Amendment 56 #

Proposal for a regulation
Recital 12

Amendment 57 #

Proposal for a regulation
Recital 12

Amendment 58 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks, and to overcome disparities in national law regarding such retransmission services, ~~rules similar to~~more up-to-date rules than those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi- territorial licensing of rights in musical works for online use in the internal market, OJ L 84, 20.3.2014, p. 72–98gencies which have been given this task voluntarily.

Amendment 59 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks and via the open internet if a controlled environment and a definable user group can be ensured, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi- territorial licensing of rights in musical works for online use in the internal market, OJ L 84, 20.3.2014, p. 72–98.

Amendment 60 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, ~~closed circuit~~ IP- based, mobile or similar networks, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi- territorial licensing of rights in musical works for online use in the internal market, OJ L 84, 20.3.2014, p. 72–98.

Amendment 61 #

Proposal for a regulation
Recital 14

(14) Any rights held by broadcasting organisations themselves in respect of their broadcasts, including rights in the content of the programmes, should be exempted from the mandatory collective management of rights applicable for retransmissions. Operators of retransmission services and broadcasting organisations generally have ongoing commercial relations and as a result the identity of broadcasting organisations is known to operators of retransmission services and hence the clearance of rights with broadcasting organisations is comparatively simple. Thus, to obtain the necessary licences from broadcasting organisations, operators of retransmission services do not face the same burden as they face to obtain licences from holders of rights in works and other protected subject matter included in the retransmitted television and radio programmes. Therefore, there is no need for the simplification of the licensing process with regard to rights held by broadcasting organisations. However, broadcasting organizations should have the possibility to license the online content in a more effective and easy way. Hence a bundling of rights should be made available to the broadcasting organisations in order for them to clear the rights for the online transmission more easily.

Amendment 62 #

Proposal for a regulation
Recital 14

(14) Any rights held by broadcasting organisations themselves in respect of their broadcasts, including rights in the content of the programmes, should be exempted from the ~~mandatory collective~~individual management of rights applicable for retransmissions. Operators of retransmission services and broadcasting organisations generally have ongoing commercial relations and as a result the identity of broadcasting organisations is known to operators of retransmission services and hence the clearance of rights with broadcasting organisations is comparatively simple. Thus, to obtain the necessary licences from broadcasting organisations~~, operators of retransmission services do not face~~ does not represent the same burden as ~~they face~~ to obtain licences from holders of rights in works and other protected subject matter included in the retransmitted television and radio programmes. Therefore, there is no need for the simplification of the licensing process with regard to rights held by broadcasting organisations.

Amendment 63 #

Proposal for a regulation
Recital 14 a (new)

(14a) The application of copyright and related rights is in some cases divided into numerous territorially defined national rights, with different right holders and exercised in some cases by a different entity. A database maintained by collective management organisations is therefore needed to facilitate the identification of rightholders and the ability of broadcasting organisations and retransmission operators to conclude licensing agreements.

Amendment 64 #

Proposal for a regulation
Recital 14 b (new)

(14b) In a number of Member States, rights clearance for the communication to the public or making available of television and radio programmes or related services, in a linear or non-linear form, is facilitated through extended collective licencing agreements. In order to take account of this situation and to improve legal certainty for all concerned parties in light of the judgment of the Court of Justice in Case C-301/15, this Regulation clarifies that such agreements are in line with the law of the European Union. The definition of information society services already exists in Directive 98/34/EC of the European Parliament and of the Council1a and in Directive 98/84/EC of the European Parliament and of the Council1b ; this definition covers any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service. The definition of linear and non-linear audiovisual media service should be in line with Directive 2010/13/EU. _________________ 1aDirective 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services (OJ L 204, 21.7.1998, p. 37). 1b Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access (OJ L 320, 28.11.1998, p. 54).

Amendment 65 #

Proposal for a regulation
Recital 15

(15) In order to prevent circumvention of the application of the country of origin principle through the extension of the duration of existing agreements concerning the exercise of copyright and related rights relevant for the provision of an ancillary online service as well as the access to or the use of an ancillary online service, it is necessary to apply the principle of country of origin also to existing agreements but with a transitional period.deleted

Amendment 66 #

Proposal for a regulation
Recital 15

Amendment 67 #

Proposal for a regulation
Recital 15 a (new)

(15a) Broadcasters that transmit their programme carrying signals through a direct injection process to distributors for reception by the public shall be jointly liable with their distributors for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together. Such broadcasting organisations and distributors should therefore obtain an authorisation from the concerned rights holders as concerns their respective participation in such acts.

Amendment 68 #

Proposal for a regulation
Recital 16

Amendment 69 #

Proposal for a regulation
Recital 16

(16) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Whilst there may be an interference with the exercise of the rights of right holders insofar as mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross- border dissemination of television and radio programmes by facilitating the clearance of these rights. The provisions of this Regulation should be without prejudice to any existing or future arrangements in the Member States concerning the management of rights such as extended collective licences, legal presumptions of representation or transfer, collective management or similar arrangements or a combination of them.

Amendment 70 #

Proposal for a regulation
Recital 17

(17) In order to achieve the objective of promoting the cross-border provision of ancillary online services and of facilitating retransmissions of television and radio programmes originating in other Member States, it is appropriate to adopt a Regulation, which ~~directly applies in~~can be applied by the Member States. A Regulation is necessary in order to ~~guarante~~facilitate a uniform application of the rules across Member States and their entering into force at the same time with regard to all the concerned transmissions and retransmissions. The ~~direct~~ applicability of a Regulation reduces legal fragmentation and pro~~vides greater uniformity by introducing a harmonised set of rules which pro~~motes the free circulation of television and radio programmes originating in other Member States.

Amendment 71 #

Proposal for a regulation
Recital 18

(18) A review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess, among others, to what extent the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improved cultural diversity in the Union. This review should be coordinated, where appropriate, with provisions aimed at improving the cross- border accessibility of content on video- on-demand platforms that were included in Article 10 of Directive 2017/... of the European Parliament and of the Council1a, in the form of a dispute resolution mechanism. Should this mechanism not lead to a significant increase in the cross-border availability of content on video-on-demand platforms, the inclusion of these services in the scope of this Regulation should be considered. _________________ 1aProposal for a directive of the European Parliament and of the Council on copyright in the Digital Single Market, COM(2016)0593.

Amendment 72 #

Proposal for a regulation
Recital 18

(18) AIn line with the principles of better regulation, a review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess~~, among others~~ the impact of the Regulation, and primarily, to what extent the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improved cultural diversity in the Union.

Amendment 73 #

Proposal for a regulation
Recital 19

(19) ~~Since the objective of this Regulation, namely~~With this Regulation the European Union can support the Member States in promoting the cross- border provision of ancillary online services and facilitating retransmissions of television and radio programmes originating in other Member States~~, cannot be sufficiently achieved by Member States and can therefore, by reason of the scale and effects, be better achieved at Union level, the Union may adopt measures i~~. In accordance with the principle of ~~subsidiar~~proportionality, as set out in Article 5 of the Treaty on European Union~~. In accordance with the principle of proportionality, as set out in that Article~~, this Regulation does not go beyond what is necessary in order to achieve its objective. As concerns the cross-border provision of ancillary online services, this Regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights. This Regulation does not oblige broadcasting organisations to provide such services across borders. Neither does this Regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other Member States. This Regulation concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services and only with regard to television and radio programmes originating in other Member States of the Union,

Amendment 74 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) "~~ancillary~~ online service" means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with ~~or for a defined period of time~~, before, during or after their broadcast by the broadcasting organisation as well as of any material produced, co-produced or commissioned by or for the broadcasting organisation ~~which~~or licenced to ist an~~cillary to such broadcast~~d any service by the broadcasting organisation providing access to works under the editorial responsibility of the broadcasting organisation;

Amendment 75 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) "~~ancillary~~ online service" means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of ~~radio or television programmes simultaneously with or for a defined per~~linear and non-linear radiod ofr t~~ime after their broadcast by the broadcasting organisation~~elevision programmes, as well as of any material produced by or for the broadcasting organisation ~~which is ancillary to such broadcast~~;

Amendment 76 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) "~~ancillary~~ online service" means an online service consisting in the provision to the public, ~~by or under the control and responsibility of~~or by a broadcasting organisation, of linear and non-linear radio or television programmes ~~simultaneously with or for a defined period of time after their broadcast by~~as well as of any material produced by or for the broadcasting organiszation a~~s well as~~t its request or being part of ~~any~~the material pro~~duc~~vided by ~~or for~~ the broadcast~~ing organisation which is ancillary to such broadcast~~er and under his control to the public;

Amendment 77 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) "ancillary online service" means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with, during or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast;

Amendment 78 #

Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)

(aa) "ancillary broadcaster online service" means an online service produced by the broadcaster consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by the broadcasting organisation which is ancillary to such broadcast;

Amendment 79 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, by wire, or over the air, including that by satellite ~~but excluding~~or online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 80 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial direct or indirect transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial direct or indirect transmission or under whose control and responsibility such transmission was made. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 81 #

Philippe JUVIN

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(ba) "Direct injection" means a two- step process by which broadcasting organisations transmit their programme- carrying signals for reception by the public to service providers point to point via a private line – by wire or over the air, including by satellite – in such a way that the programme-carrying signals cannot be received by the general public during such transmission; the service providers then offer these programmes to the public simultaneously, in an unaltered and unabridged manner, for viewing or listening on cable networks, microwave systems, digital terrestrial, closed-circuit IP-based and mobile networks or similar networks.

Amendment 82 #

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(ba) "direct injection" means a two- or more step process by which broadcasting organisations transmit "point to point" – by wire or over the air, including by satellite – in such a way that the programme-carrying signals cannot be received by the general public during such transmission, their programme- carrying signals for reception by the public to distributors who then offer these programmes to the public, simultaneously in an unaltered and unabridged manner, for viewing or listening on cable, microwave systems, satellite, digital terrestrial, IP-based or similar networks.

Amendment 83 #

Proposal for a regulation
Article 2

Application of the principle of ‘country of (1) The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. (2) When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.rticle 2 deleted origin’ to ancillary online services

Amendment 84 #

Philippe JUVIN

Proposal for a regulation
Article 2

Application of the principle of ‘country of origin’ to ancillary online services (1)The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. (2)When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.rticle 2 deleted

Amendment 85 #

Proposal for a regulation
Article 2 – title

Application of the principle of ‘country of origin’ to ~~ancillary~~ online services

Amendment 86 #

Proposal for a regulation
Article 2 – paragraph 1

(1) TWithout prejudice to the principle of territorial exploitation of rights, to the option of transfer of exclusive rights and to the principle of contractual freedom, the acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.

Amendment 87 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. Any disputes over the exercise of these rights shall fall under the jurisdiction of that Member State.

Amendment 88 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available occurring when providing an ancillary broadcaster online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, if the broadcaster has not yet exercised copyright and related rights relevant for these acts.

Amendment 89 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available to the public occurring when providing an ancillary online service by ~~or under the control and responsibility of~~ a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.

Amendment 90 #

Proposal for a regulation
Article 2 – paragraph 1

Amendment 91 #

Andreas SCHWAB

Proposal for a regulation
Article 2 – paragraph 1 a (new)

(1a) Without prejudice to Paragraph 1, contractual freedom and the principle of territoriality, which make it possible to limit the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, are to be respected.

Amendment 92 #

Proposal for a regulation
Article 2 – paragraph 1 a (new)

(1a) Paragraph 1 does not affect the right of a broadcasting organisation to opt out from its application for a period of 18 months after the entry into force of this Regulation.

Amendment 93 #

Proposal for a regulation
Article 2 – paragraph 2

(2) When fixing the appropriate amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service ~~such as the features of the ancillary online service, the audience, and the language version~~. To be deemed appropriate, such an amount must be reasonable in relation to the economic value of the service provided and, in particular, take into account the features of the ancillary online service, the actual and potential audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and all language versions and subtitled versions.

Amendment 94 #

Proposal for a regulation
Article 2 – paragraph 2

(2) When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the ~~audience~~potential audience in the principal Member State and any other Member States concerned, and the language version.

Amendment 95 #

Proposal for a regulation
Article 3 – paragraph 1

(1) Holders of copyright and related rights other than broadcasting organisations may, in the exercise of their contractual freedom, freely exercise their rights to grant or refuse the authorisation for a retransmission ~~only through a collective management organisation~~.

Amendment 96 #

Proposal for a regulation
Article 3 – paragraph 1 a (new)

(1a) Where a right holder has granted authorisation for a retransmission, he shall receive appropriate remuneration. The right to remuneration cannot be waived. The right can be assigned in advance only to a remuneration society and can only be asserted by such a society. This arrangement shall not affect collective agreements, company agreements and common rules on remuneration whereby the right holder receives appropriate remuneration for every further retransmission.

Amendment 97 #

Proposal for a regulation
Article 3 – paragraph 2

(2) Where a right holder has not transferred the management of the right referred to in paragraph 1 to a collective management organisation, the collective management organisation which manages rights of the same category for the territory of the Member State for which the operator of the retransmission service seeks to clear rights for a retransmission shall be deemed to be mandated to manage the right on behalf of that right holder.deleted

Amendment 98 #

Proposal for a regulation
Article 3 – paragraph 3

(3) Where more than one collective management organisation manages rights of that category for the territory of that Member State, the right holder shall be free to choose which of those collective management organisations is deemed to be mandated to manage his or her right. If in such a situation the right holder does not choose the collective management organisation, it shall be for the Member State for whose territory the operator of the retransmission service seeks to clear rights for a retransmission to indicate which of the collective management organisations is deemed to be mandated to manage the right of that right holder.deleted

Amendment 99 #

Proposal for a regulation
Article 3 – paragraph 3 a (new)

(3a) Paragraphs 1 to 3 should not affect the possibility for the rightholder nor the collective management organisation to agree upon a system of bundling of rights in order to make them easily cleared for retransmission, notably in order to enable easier and more effective management of these rights by the broadcasting organisations as stipulated in Article 4.

source: 599.760

2017/03/14 CULT 188 amendments...

Amendment 100 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Robert ROCHEFORT, Marietje SCHAAKE

Proposal for a regulation
Recital 14 a (new)

(14a) Copyright and related rights involve in some cases the application of numerous territorially-defined national rights belonging to different right holders. In some cases, the exercise of such rights involves different entities. A database should be developed by the Commission and Member States in cooperation with collective management organisations in order to facilitate the identification of rightholders to enhance the ability of broadcasting organisations and retransmission operators to conclude licensing agreements.

Amendment 101 #

Ian HUDGHTON

Proposal for a regulation
Recital 14 a (new)

(14a) The exemption provided for in Article 4 for the rights exercised by broadcasting organisations should not limit the choice of holders of rights to transfer their rights to a collective management organisation and thereby have a direct share in the remuneration paid by the operator of a retransmission service.

Amendment 102 #

Santiago FISAS AYXELÀ, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA, Santiago FISAS AYXELÀ

Proposal for a regulation
Recital 15

Amendment 103 #

Proposal for a regulation
Recital 15

Amendment 104 #

Proposal for a regulation
Recital 15

Amendment 105 #

Proposal for a regulation
Recital 15

Amendment 106 #

Proposal for a regulation
Recital 15

(15) In order to prevent circumvention of the application of the country of origin principle through the extension of the duration of existing agreements concerning the exercise of copyright and related rights relevant for the provision of an ~~ancillary~~ online service as well as the access to or the use of an ~~ancillary~~ online service, it is necessary to apply the principle of country of origin also to existing agreements but with a transitional period.

Amendment 107 #

Proposal for a regulation
Recital 15 a (new)

(15a) Broadcasters that transmit their programme carrying signals through a direct injection process to distributors for reception by the public shall be jointly liable with these distributors for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together. Such broadcasting organisations and distributors should therefore obtain an authorisation from the rights holders concerned as regards their respective participation in such acts.

Amendment 108 #

Proposal for a regulation
Recital 16

Amendment 109 #

Proposal for a regulation
Recital 16

(16) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Whilst there may be an interference with the exercise of the rights of right holders insofar asprinciples and notably the principle of contractual freedom. As such, mandatory collective management ~~is required~~ for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross-border dissemination of television and radio programmes by facilitating the clearance of these right should be ruled out, as it might additionally impact on the exercising of the rights of right holders.

Amendment 110 #

Proposal for a regulation
Recital 16

Amendment 111 #

Proposal for a regulation
Recital 17

(17) In order to achieve the objective of promoting the cross-border provision of ancillary online services and of facilitating retransmissions of television and radio programmes originating in other Member States, it is appropriate to adopt a Regulation, which directly applies in Member States. A Regulation is necessary in order to guarantee a uniform application of the rules across Member States and their entering into force at the same time with regard to all the concerned transmissions and retransmissions. The direct applicability of a Regulation reduces legal fragmentation and provides greater uniformity by introducing a harmonised set of rules which promote the free circulation of television and radio programmes originating in other Member States.deleted

Amendment 112 #

Proposal for a regulation
Recital 17

(17) In order to achieve the objective of promoting the cross-border provision of ~~ancillary~~ online services and of facilitating retransmissions of television and radio programmes originating in other Member States, it is appropriate to adopt a Regulation, which directly applies in Member States. A Regulation is necessary in order to guarantee a uniform application of the rules across Member States and their entering into force at the same time with regard to all the concerned transmissions and retransmissions. The direct applicability of a Regulation reduces legal fragmentation and provides greater uniformity by introducing a harmonised set of rules which promote the free circulation of television and radio programmes and other online-only linear transmissions originating in other Member States.

Amendment 113 #

Proposal for a regulation
Recital 17

(17) In order to achieve the objective of promoting the cross-border provision of ~~ancillary online services and of facilitating~~ retransmissions of television and radio programmes originating in other Member States, it is appropriate to adopt a Regulation, which directly applies in Member States. A Regulation is necessary in order to guarantee a uniform application of the rules across Member States and their entering into force at the same time with regard to all the concerned transmissions and retransmissions. The direct applicability of a Regulation reduces legal fragmentation and provides greater uniformity by introducing a harmonised set of rules which promote the free circulation of television and radio programmes originating in other Member States.

Amendment 114 #

Proposal for a regulation
Recital 17

(17) In order to achieve the objective of promoting the cross-border provision of ancillary online services and of facilitating retransmissions of television and radio ~~programmes~~content originating in other Member States, it is appropriate to adopt a Regulation, which directly applies in Member States. A Regulation is necessary in order to guarantee a uniform application of the rules across Member States and their entering into force at the same time with regard to all the concerned transmissions and retransmissions. The direct applicability of a Regulation reduces legal fragmentation and provides greater uniformity by introducing a harmonised set of rules which promote the free circulation of television and radio ~~programmes~~content originating in other Member States.

Amendment 115 #

Proposal for a regulation
Recital 18

(18) A review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess, among others, the impact the cross-border provision of ancillary online services has had on European creative industries, and especially on the financing of European audiovisual works, as well as to what extent the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improved cultural diversity in the Union. The review should also include an impact assessment on whether there is a need to adapt the legal framework on the exercise of copyright and related rights relevant for operators, which receive the signals of a broadcasting organisation through direct injection and distribute to the public, simultaneously in an unaltered and unabridged manner, the television or radio programmes of that broadcasting organisation.

Amendment 116 #

Proposal for a regulation
Recital 18

(18) A review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess, among others, to what extent the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improved cultural diversity in the Union. This review should be coordinated with provisions aimed at improving the cross-border accessibility of content on video-on-demand platforms that were included in Article 10 of Directive 2017/... of the European Parliament and of the Council18a , in the form of a dispute resolution mechanism. Should this mechanism not lead to a significant increase in the cross-border availability of content on video-on- demand platforms, the inclusion of these services in the scope of this Regulation should be considered. _________________ 18aProposal for a directive of the European Parliament and of the Council on copyright in the Digital Single Market, COM(2016)0593.

Amendment 117 #

Proposal for a regulation
Recital 18

Amendment 118 #

Proposal for a regulation
Recital 18

(18) AIn line with the principles of better regulation, a review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess~~, among others,~~ the impact of the Regulation, in particular on investment in European content, and to what extent the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improved cultural diversity in the Union.

Amendment 119 #

Proposal for a regulation
Recital 18

(18) A review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess, among other things, to what extent ~~the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improved~~it helps protect copyright holders and the principle of territoriality, which underpins the financing of cultural creation and is therefore highly symbolic in terms of preserving cultural diversity in ~~the Union~~Europe.

Amendment 120 #

Proposal for a regulation
Recital 19

(19) Since the objective of this Regulation, namely promoting the cross- border provision of ancillary online services and facilitating retransmissions of television and radio programmes originating in other Member States, cannot be sufficiently achieved by Member States and can therefore, by reason of the scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve its objective. As concerns the cross-border provision of ancillary online services, this Regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights. This Regulation does not oblige broadcasting organisations to provide such services across borders. Neither does this Regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other Member States. This Regulation concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services and only with regard to television and radio programmes originating in other Member States of the Union,deleted

Amendment 121 #

Proposal for a regulation
Recital 19

(19) Since the objective of this Regulation, namely promoting the cross- border provision of ~~ancillary~~ online services and facilitating retransmissions of television and radio programmes originating in other Member States, cannot be sufficiently achieved by Member States and can therefore, by reason of the scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve its objective. As concerns the cross-border provision of ~~ancillary~~ online services, this Regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights. This Regulation does not oblige broadcasting organisations to provide such services across borders. Neither does this Regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other Member States. This Regulation concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services and only with regard to television and radio programmes originating in other Member States of the Union,

Amendment 122 #

Proposal for a regulation
Recital 19

(19) Since the objective of this Regulation, namely promoting the cross- border provision of ancillary online services and facilitating retransmissions of television and radio programmes originating in other Member States, cannot be sufficiently achieved by Member States and can therefore, by reason of the scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve its objective. As concerns the cross-border provision of ~~ancillary online~~ services, this Regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights. This Regulation does not oblige broadcasting organisations to provide such services across borders. Neither does this Regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other Member States. This Regulation concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services and only with regard to television and radio programmes originating in other Member States of the Union,

Amendment 123 #

Proposal for a regulation
Article 1

For the purpose of this Regulation, the following definitions shall apply: (a)”ancillary online service” means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast; (b)”retransmission” means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council 19, intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.Article 1 deleted Definitions

Amendment 124 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

Amendment 125 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

Amendment 126 #

Marc JOULAUD

Proposal for a regulation
Article 1 – paragraph 1 – point a

Amendment 127 #

Stefano MAULLU

Proposal for a regulation
Article 1 – paragraph 1 – point a

Amendment 128 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) “~~ancillary~~ online service” means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of linear and non linear radio or television programmes simultaneously with ~~or for a defined period of time~~before, during or after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast or an online service of a broadcasting organisation which publishes produced, co-produced or commissioned works under its own editorial responsibility;

Amendment 129 #

Mary HONEYBALL, Marc TARABELLA

Proposal for a regulation
Article 1 – paragraph 1 – point a

Amendment 130 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) “ancillary online ~~service~~content” means an online ~~service cons~~radio or television programme, that is produced by or for the broadcasting organisati~~ng in the provision~~on and not licensed to any third parties or which is licensed exclusively to the broadcasting organisation throughout the Union, provided to the public, by or under the control and responsibility of a broadcasting organisation, ~~of radio or television programmes~~ simultaneously with or for a defined period of time after ~~their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast~~its broadcast by the broadcasting organisation;

Amendment 131 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) “ancillary online service” means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with ~~or for a defined period of time~~, before or after their broadcast by the broadcasting organisation ~~as well as of~~, any material produced by or for the broadcasting organisation ~~which is ancillary to such broadcas~~, enriching or otherwise expanding the programmes broadcast by the broadcasting organisation, as well as services by or under the control and responsibility of a broadcasting organisation giving access only online to audio and audiovisual content;

Amendment 132 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) ~~“ancillary~~ ‘online service”’ means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with ~~or for a defined period of time~~, before, during or after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast; or a broadcasting organisation’s online service which chiefly makes works produced, co- produced or commissioned under its own editorial responsibility available online; (Horizontal amendment. ‘Ancillary online service’ is to be replaced by ‘online service’ throughout the text).

Amendment 133 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) “ancillary online service” means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes ~~simultaneously with or for a defined period of time after~~produced by the broadcasting organisation and not licensed to any third parties, simultaneously with their broadcast by the broadcasting organisation as well as of any promotional material produced by ~~or for~~ the broadcasting organisation and not licensed to any third parties which is ancillary to such broadcast;

Amendment 134 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) “~~ancillary~~ online service” means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of linear and non linear radio or television programmes ~~simultaneously with or for a defined period of time after their broadcast by~~as of any material produced by or for the broadcasting organisation ~~as well as~~or being part of ~~any~~the material pro~~duc~~vided by ~~or for~~ the broadcast~~ing organisation which is ancillary to such broadcast~~er to the public;

Amendment 135 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) “~~ancillary~~ online service” means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of ~~radio or television programmes simultaneously with or for a defined per~~linear and non linear radiod ofr t~~ime after their broadcast by the broadcasting organisation~~elevision programmes, as well as of any material produced by or for the broadcasting organisation ~~which is ancillary to such broadcast~~;

Amendment 136 #

Proposal for a regulation
Article 1 – paragraph 1 – point a – point i (new)

i) radio or television programmes, by or under the control and responsibility of a broadcasting organisation, simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as any material produced by or for the broadcasting organisation which is ancillary to such broadcast; or

Amendment 137 #

Proposal for a regulation
Article 1 – paragraph 1 – point a – point ii (new)

ii) linear transmission of radio or television-like programmes, under the control and responsibility of a broadcasting organisation or a service provider and on the basis of a schedule, which are not linked to a broadcast but transmitted only online, and any other service provided simultaneously with, or for a defined period of time after, such transmission as well as services giving access to material, produced by or for the broadcasting organisation or the service provider, ancillary to such transmission;

Amendment 138 #

Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)

(a a) ‘Current affairs programmes’ means a genre of broadcast journalism where the emphasis is on detailed analysis and discussion of news stories that have recently occurred or are ongoing at the time of broadcast;

Amendment 139 #

Proposal for a regulation
Article 1 – paragraph 1 – point a b (new)

(a b) News programmes is a genre of programme that places emphasis on news reports presented for simple presentation as soon as possible, often with a minimum of analysis;

Amendment 140 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) “retransmission” means any ~~simultaneous, unaltered and unabridg~~unaltered retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite ~~but excluding online transmission~~, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 141 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) “retransmission” means any ~~simultaneous,~~ unaltered and ~~unabridged~~ retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite ~~but excluding online transmission~~, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 142 #

Sabine VERHEYEN

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) “retransmission” means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. Online retransmissions are within the scope of this Regulation as long as they are linked to a particular infrastructure or have the ability to ensure a controlled user group environment. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 143 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) “retransmission” means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, by wire, or over the air, including that by satellite ~~but excluding~~or online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 144 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) “retransmission” means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1, intended for reception by the public of an initial transmission from another Member State, irrespective of the retransmission technology or network used providing that the retransmission takes place in a controlled environment, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made.

Amendment 145 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) “retransmission” means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite ~~but excluding~~and online transmission, of television or radio programmes intended for the reception by the public~~, provided that such retransmission is~~. Such retransmission must be equivalent to retransmissions by operators of cable retransmission services and must be made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 146 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) “retransmission” means any simultaneous, unaltered and unabridged retransmission in a closed environment, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite ~~but excluding online transmission~~, of television or radio programmes intended for the reception by the public, provided that such retransmission is equivalent to retransmissions by operators of cable retransmission services and is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 147 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) “retransmission” means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, in a controlled environment, by wire or over the air, including that by satellite ~~but excluding online transmission~~, of television or radio programmes intended for the reception by the public, provided that such retransmission has the same characteristics as the cable retransmission and is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 148 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) “retransmission” means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite or by direct injection but excluding online transmission, of television or radio programmes ultimately intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 149 #

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(ba) “direct injection” means a two- or more step process by which broadcasting organisations transmit “point to point” – by wire or over the air, including by satellite – in such a way that the programme-carrying signals cannot be received by the general public during such transmission, their programme- carrying signals for reception by the public to distributors who then offer these programmes to the public, simultaneously in an unaltered and unabridged manner, for viewing or listening on cable, microwave systems, satellite, digital terrestrial, IP-based or similar networks.

Amendment 15 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA

Proposal for a regulation
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114, 167 and 169 thereof,

Amendment 150 #

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(ba) “Direct injection” means the transmissions of by a broadcasting organisation of its programme-carrying signals exclusively to signal distributors without those signals being accessible to the public during, and as of result of that transmission;

Amendment 151 #

Proposal for a regulation
Article 2

Amendment 152 #

Marc JOULAUD

Proposal for a regulation
Article 2

Amendment 153 #

Stefano MAULLU

Proposal for a regulation
Article 2

Application of the principle of ‘country of origin’ to ancillary online services (1) The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. (2) When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.Article 2 deleted

Amendment 154 #

Proposal for a regulation
Article 2

Amendment 155 #

Proposal for a regulation
Article 2 – title

Application of the principle of ‘country of ~~origi~~destination’ to ancillary online services

Amendment 156 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Article 2 – title

Application of the principle of ‘country of origin’ to ~~ancillary~~ online services

Amendment 157 #

Proposal for a regulation
Article 2 – title

Application of the principle of ‘country of origin’ to ~~ancillary~~ online services

Amendment 158 #

Proposal for a regulation
Article 2 – paragraph 1

Amendment 159 #

Helga TRÜPEL

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. The reproduction, copying and provision to the public of sporting events, purchased audio-visual content and licensed programming via a supplementary online service are excluded from the country of origin principle for the purposes of the application of copyright and related rights.

Amendment 16 #

Proposal for a regulation
Recital 1

(1) In order to cont~~ribute to the functioning of the internal market, it is necessary to provide for wider dissemination of~~inue to support the European cultural and creative industries, it is necessary to embed the principle of territoriality, including for television and radio programmes originating in other Member States, for the benefit of ~~users across the Union by facilitating licensing~~enterprises but also of users, by enshrining the principle of copyright and related rights in works and other protected subject-matter contained in broadcasts of such programmes. Indeed, television and radio programmes are important means of promoting cultural and linguistic diversity, social cohesion and access to information, and it is therefore vital to ensure that the mechanisms for the financing of audiovisual works are not jeopardised.

Amendment 160 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA

(1) The acts of communication to the public and of making available occurring when providing an ~~ancillary~~ online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ~~ancillary~~ online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. Any disputes over the exercise of those rights shall fall under the jurisdiction of the Member State in which the broadcasting organisation is established. The competent jurisdiction does not depend on the main targeted audience of the broadcaster organisation.

Amendment 161 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public ~~and of making available~~ occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation ~~as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service~~ shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.

Amendment 162 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur ~~solely~~ in the Member State or Member States in which the broadcasting organisation ~~has its principal establishment~~undertakes those acts of communication and reproduction.

Amendment 163 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available occurring when providing an ~~ancillary~~ online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ~~ancillary~~ online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. Any disputes over the exercise of these rights shall fall under the jurisdiction of that Member State.

Amendment 164 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available of news and current affairs programmes occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction of news and current affairs programmes which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.

Amendment 165 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available occurring when providing an ~~ancillary~~ online service by or under the control and responsibility of a broadcasting organisation or a service provider as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ~~ancillary~~ online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation or the service provider has its principal establishment.

Amendment 166 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Article 2 – paragraph 1

Amendment 167 #

Proposal for a regulation
Article 2 – paragraph 1 a (new)

(1a) Paragraph 1 shall not undermine the principle of territorial exploitation of rights or contractual freedom in copyright law, and shall be without prejudice to the rights set out in Directive 2001/29/EC.

Amendment 168 #

Proposal for a regulation
Article 2 – paragraph 1 a (new)

(1a) Paragraph 1 does not affect the principles of territoriality and contractual freedom under copyright and is without prejudice to any right provided under Directive 2001/29/EC.

Amendment 169 #

Proposal for a regulation
Article 2 – paragraph 1 b (new)

(1b) Paragraph 1 shall not apply to ancillary online services that are mainly targeted at an audience in a Member State other than the Member State in which the broadcasting organisation has its principal establishment.

Amendment 17 #

Proposal for a regulation
Recital 1

(1) In order to contribute to the functioning of the internal market and to promote cultural and linguistic diversity, social cohesion and access to information, it is necessary to provide for wider dissemination of television and radio programmes originating in other Member States for the benefit of users across the Union by facilitating licensing of copyright and related rights in works and other protected subject-matter contained in broadcasts of such programmes. ~~Indeed, television and radio programmes are important means of promoting cultural and linguistic diversity, social cohesion and access to information.~~

Amendment 170 #

Proposal for a regulation
Article 2 – paragraph 2

(2) When fixing the ~~amount of the~~ payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service ~~such as the features of the ancillary online service, the audience, and the language version~~.

Amendment 171 #

Proposal for a regulation
Article 2 – paragraph 2

Amendment 172 #

Proposal for a regulation
Article 2 – paragraph 2

(2) When fixing the amount of the payment to be made for the rights subject to the country of ~~origi~~destination principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.

Amendment 173 #

Mary HONEYBALL, Giorgos GRAMMATIKAKIS, Marc TARABELLA

Proposal for a regulation
Article 2 – paragraph 2

Amendment 174 #

Proposal for a regulation
Article 2 – paragraph 2 a (new)

(2a) The principle of contractual freedom safeguards the ability to limit the exploitation of the rights affected by the principle of country of origin laid down in paragraph 1, including by agreeing absolute territorial exclusivity. In the event that decisions in relation to Union law prevent contractual clauses which grant and/or enforce absolute territorial exclusivity, the provision in paragraph 1 shall cease to exist.

Amendment 175 #

Silvia COSTA

Proposal for a regulation
Article 2 – paragraph 2 a (new)

(2a) The principle of contractual freedom safeguards the ability to limit the exploitation of the rights affected by the principle of country of origin laid down in paragraph 1 including by agreeing absolute territorial exclusivity. In the event that Union law prevents contractual clauses which grant and/or enforce absolute territorial exclusivity, the provision in paragraph 1 shall cease to apply;

Amendment 176 #

Proposal for a regulation
Article 2 – paragraph 2 a (new)

(2a) With respect to the exercise of any right under the previous paragraphs, exclusive jurisdiction on any dispute related thereto shall be with the relevant body or authority of the Member State in which the broadcasting organisation providing the ancillary online service is established.

Amendment 177 #

Helga TRÜPEL

Proposal for a regulation
Article 2 – paragraph 2 a (new)

(2a) Paragraph 1 shall not undermine the principle of territoriality or contractual freedom under copyright law, and shall be without prejudice to the rights set out in Directive 2001/29/EC.

Amendment 178 #

Proposal for a regulation
Article 3 – paragraph 1

(1) Holders of copyright and related rights other than broadcasting organisations may exercise their rights to grant or refuse the authorisation for a retransmission ~~only~~ through a collective management organisation or through any other means they appropriate, in line with the principle of contractual freedom.

Amendment 179 #

Ian HUDGHTON

Proposal for a regulation
Article 3 – paragraph 1 a (new)

(1a) When an author has transferred his right to retransmission to a producer, he shall retain an unwaivable right to obtain an equitable remuneration for the retransmission of the work which may be exercised only through a collective management organisation representing authors, unless other collective management agreements guarantee such remuneration to audiovisual authors.

Amendment 18 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes, as well as other services, both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Furthermore, broadcasting organisations and service providers are also making TV and radio- like programmes available through linear online-only transmissions (for example, webcasting services), which represent a growing reality that is tremendously changing the market. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin.

Amendment 180 #

Proposal for a regulation
Article 3 – paragraph 2

Amendment 181 #

Proposal for a regulation
Article 3 – paragraph 3

(3) Where more than one collective management organisation manages rights of that category for the territory of that Member State, the right holder shall be free to choose which of those collective management organisations is deemed to be mandated to manage his or her right. If in such a situation the right holder does not choose the collective management organisation, it shall be for the Member State for whose territory the operator of the retransmission service seeks to clear rights for a retransmission to indicate which of the collective management organisations, if he/she so wishes, the collective management organisation that is deemed to be mandated to manage ~~the right of that right holder~~his or her right.

Amendment 182 #

Proposal for a regulation
Article 3 – paragraph 4

(4) A right holder shall have the same rights and obligations resulting from the agreement between the operator of the retransmission service and the collective management organisation which is deemed to be mandated to manage his or her right as the right holders who have mandated that collective management organisation and shall be able to claim those rights within a period, to be fixed by the Member State concerned, which shall not be shorter than ~~thre~~five years from the date of the retransmission which includes his or her work or other protected subject matter.

Amendment 183 #

Proposal for a regulation
Article 3 – paragraph 5

(5) ~~A Member State may provide that, w~~Where a right holder authorises the initial transmission ~~within its territory~~in a Member State of a work or other protected subject matter, the ~~right holder shall be deemed to have agreed not to~~/she may exercise his or her rights in retransmission on an individual basis ~~but to exercise them in accordance with~~, or in accordance with the arrangements set out in this Regulation.

Amendment 184 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5a) Member States shall ensure that, in connection with the integral reutilisation of broadcasting organisations’ online services, a collective contract, signed by a representative association including users of the works or associations of users for a set group of works, can be extended to rightsholders of the same group who are not already represented by the representative association. The unrepresented rightsholders may object to this extension at any time and manage their rights individually or collectively in another grouping.

Amendment 185 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5a) The exercise of the rights in retransmission by right holders other than broadcasting organisations established in this regulation and in Council Directive 93/83/EEC also applies to the integral re- use of the broadcasting organisation’s on- demand services by a party other than the broadcasting organisation under whose control and responsibility such services were primarily made available.

Amendment 186 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Robert ROCHEFORT, Marietje SCHAAKE

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5a) The Commission and Member States in cooperation with collective management organisations shall develop a database providing information relating to copyright and related rights of works, including concerning the holder of the right, the type of use of the right, its territorial scope and its duration.

Amendment 187 #

Proposal for a regulation
Article 3 – paragraph 5 b (new)

(5b) The exercise of the rights in retransmission by rightholders other than broadcasting organisations established in this regulation and in Council Directive 93/83/EEC also applies to functionalities that are closely connected to the linear retransmission and made available for a limited period of time after the retransmission, such as internet-based PVR (personal video recorder) and restart-TV.

Amendment 188 #

Proposal for a regulation
Article 3 – paragraph 5 c (new)

(5c) Where an author has transferred his or her right to retransmission to a broadcasting organisation or a producer, the author shall retain an unwaivable right to obtain an equitable remuneration from the retransmission operator for the retransmission of his or her work. The administration of such a right shall be entrusted to a collective management organisation representing authors. This provision shall not preclude collective bargaining agreements, operating arrangements and joint remuneration rules of broadcasting organisations, provided that the author is granted an equitable remuneration for the retransmission of his or her work.

Amendment 189 #

Angel DZHAMBAZKI, Angel DZHAMBAZKI, Angel DZHAMBAZKI

Proposal for a regulation
Article 3 a (new)

Article 3 a Extended Collective Licensing 1. Member States may extend the application of a non-exclusive license concluded by a collective management organisation, on behalf of its members, with an information society service provider for the communication to the public or making available of, as well as the acts of reproduction which are necessary for the provision of, broadcasters’ radio or television programmes and audiovisual works provided by the broadcasting organisation to the public, the rightholders of the same category as those covered by the license who are not represented by the collective management organisation provided that: (a) the collective management organisation is, on the basis of mandates from rightholders, broadly representative of rightholders in the category of works or other subject-matter and of the rights which are the subject of the license; (b) equal treatment is guaranteed to all rightholders in relation to the terms of the license; (c) the collective management organisation makes available to all rightholders information about the exploitation of the works subject to this paragraph; (d) all rightholders may at any time exclude the application of the license to their works or other subject-matter. 2. Exceptions or limitations introduced by Member-States to the rights provided for in articles 2 and 3 of Directive 2001/29/EC apply in cases related to the provision to the public by an information society service provider of works covered by paragraph 1, insofar as the relevant rightholder does not exclude the application of the non-exclusive license.

Amendment 19 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies ~~and internet ha~~, the internet and online marketplace is transformeding the distribution of, and access to, television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast that are complementary to their traditional linear output, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin. Such demand needs to be weighed against the success of the current territorial funding model for European content, which is vital to current and future investment in high quality European content and the success of the audiovisual media sector.

Amendment 190 #

Marie-Christine BOUTONNET, Marie-Christine BOUTONNET

Proposal for a regulation
Article 4 – paragraph 1

~~Article 3 shall not apply to~~The conditions applicable in the case of the rights exercised by a broadcasting organisation in respect of its own transmission shall be the same as those set out in Article 3, irrespective of whether the rights concerned are its own or have been transferred to it by other holders of copyright or by holders of related rights.

Amendment 191 #

Proposal for a regulation
Article 4 – paragraph 1 a (new)

This Regulation does not oblige broadcasting organisations to provide such services across borders.

Amendment 192 #

Proposal for a regulation
Article 4 a (new)

Article 4a Principle of freedom of contract This Regulation shall apply to transmission and retransmission services throughout the EU and uphold the principle of the contractual freedom of rightsholders and operators of retransmission services. Rightsholders may limit the geographical scope of rights affected by the principle of country of origin.

Amendment 193 #

Proposal for a regulation
Article 5

Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an ancillary online service as well as for the acts of reproduction which are necessary for the provision of, the access to or the use of an ancillary online service which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 2 years, to be inserted by OPOCE] if they expire after that date.rticle 5 deleted Transitional provision

Amendment 194 #

Stefano MAULLU

Proposal for a regulation
Article 5

Amendment 195 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA

Proposal for a regulation
Article 5

Amendment 196 #

Marc JOULAUD

Proposal for a regulation
Article 5

Amendment 197 #

Proposal for a regulation
Article 5 – paragraph 1

Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public ~~and the making available~~ occurring in the course of provision of an ancillary online service ~~as well as for the acts of reproduction which are necessary for the provision of, the access to or the use of an ancillary online service~~ which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 25 years, to be inserted by OPOCE] if they expire after that date.

Amendment 198 #

Proposal for a regulation
Article 5 – paragraph 1

Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available of news and current affairs programmes occurring in the course of provision of an ancillary online service as well as for the acts of reproduction of news and current affairs programmes which are necessary for the provision of, the access to or the use of an ancillary online service which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 2 years, to be inserted by OPOCE] if they expire after that date.

Amendment 199 #

Proposal for a regulation
Article 5 – paragraph 1

Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an ~~ancillary~~ online service as well as for the acts of reproduction which are necessary for the provision of, the access to or the use of an ~~ancillary~~ online service which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 2 years, to be inserted by OPOCE] if they expire after that date.

Amendment 20 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin.

Amendment 200 #

Proposal for a regulation
Article 5 a (new)

Article 5a Exploitation of broadcasting programmes through a direct injection process Broadcasting organisations that transmit their programme carrying signals through a direct injection process to distributors for reception by the public are jointly liable together with such distributors for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together. Such broadcasting organisations and such distributors should therefore obtain an authorisation from the rights holders concerned as regards their respective participation in such acts.

Amendment 201 #

Proposal for a regulation
Article 6 – paragraph 1

(1) No later than [3 years after the date mentioned in Article 7(2) to be inserted by OPOCE], the Commission shall carry out a review of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The report shall be made easily and effectively accessible to the public.

Amendment 202 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

(2a) The extension of this Regulation to include video-on-demand platforms in its scope shall be considered together with the review of Article 10 of Directive 2017/....19a _________________ 19aProposal for a directive of the European Parliament and of the Council on copyright in the Digital Single Market, COM(2016)0593.

Amendment 21 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ~~ancillary to their broadcast~~, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. The distribution of and access to television and radio programmes is therefore increasingly done on a multi- platform and technology-neutral basis. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes on any platform in a borderless environment, therefore not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin.

Amendment 22 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of, and access to, television and radio programmes~~. Users increasingly expect to have~~, pitting traditional audiovisual media services against increasingly fierce international competition, including from on-line platforms. To meet user demand for access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services~~. B~~, broadcasting organisations ~~are therefore increasingly~~have managed to adapt and offer in~~g, in addition to their own broadcasts of television and radio programmes,~~novative solutions such as online services ancillary to their broadcast~~, such as~~s, like simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of originThese new techniques have made it possible to offer users a broad choice and increasingly easy access to high-quality content.

Amendment 23 #

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ~~ancillary to their broadcast,~~ such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio ~~programm~~, including catch-up services, not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin.

Amendment 24 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services which are ~~ancillary to~~offered by broadcasters and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights’ clearance. The clearance of rights does not exist to a sufficient degree on a multi-platform and technology-neutral basis and therefore the potential of innovation and value that can be created from technological developments is limited. Administrative costs arising from the clearance of rights prevent broadcasters from investing in innovative models to distribute and promote content.

Amendment 25 #

Amendment 26 #

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under ~~Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and othe~~national bodies of law and Union law. Territorial-based sales of rights and exclusivity clauses play a major pro~~tected subject matter. Often the rights need to be cleared in a short time- frame,~~le in the financing and distribution of this content. This investment ins particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevantly relevant in the case of the cross-border distribution of content across the EU, as was pointed out by the European Audiovisual Observatory in its study on territoriality in 2015, because the EU market is heterogeneous and very fragmented – owing to differences in the language, culture and tastes of the public – and, ther~~ritories which further increases the complexity of the rights’ clear~~efore, obliges broadcasting organisations to adapt to national circumstances.

Amendment 27 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA

Proposal for a regulation
Recital 3

Amendment 28 #

Proposal for a regulation
Recital 3

(3) ~~A number of barriers hinder t~~The provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union are reliant on contractual freedom. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. ~~That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject mat~~For audiovisual works, the rights are consolidated with the producers by law or by contract which facilitates the complex process of rights clearance that is part of daily functions of broadcasters. Often the rights need to be cleared in a short time- frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories ~~which further increases the complexity of the rights’ clearance~~.

Amendment 29 #

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services ~~which are ancillary to broadcasts~~ and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often, the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their ~~online~~ services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights’ clearance.

Amendment 30 #

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services ~~which are ancillary to broadcasts~~ and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights’ clearance.

Amendment 31 #

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services ~~which are ancillary to broadcasts~~ and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights’ clearance.

Amendment 32 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Recital 4

(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have a very short time- frame for obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration if the access to the service is not provided based on individual subscriptions or in exchange for a fee or against consideration other than money. This risk can however be addressed through contractual agreements.

Amendment 33 #

Proposal for a regulation
Recital 4

Amendment 34 #

Proposal for a regulation
Recital 4

Amendment 35 #

Dominique BILDE

Proposal for a regulation
Recital 4

(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have ~~a very short time- frame for~~the possibility of obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration, which is a facet of contractual freedom and guarantees right holders the remuneration they need for their livelihoods and to continue to offer a wide variety of content, which is necessary in order to preserve cultural diversity in Europe.

Amendment 36 #

Proposal for a regulation
Recital 4 a (new)

(4a) There is the need to strike the right balance between a high-level protection of authors, creators and rightholders and the right of citizens and consumers to have cross-border access to television and radio programmes as well as other online services.

Amendment 37 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA, Santiago FISAS AYXELÀ

Proposal for a regulation
Recital 5

(5) ThIt is also necessary to point out that this legal protection of right holders, which is laid down in the judicial systems of most Member States, is also enshrined in European law, since rights in works and other protected subject matter are harmonised, among others, through Directive 2001/29/EC of the European Parliament and of the Council15 and Directive 2006/115/EC of the European Parliament and of the Council.16. _________________ 15 Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society OJ L 167, 22.6.2001, p. 10–19. 16 Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property OJ L 376, 27.12.2006, p. 28–35.

Amendment 38 #

Proposal for a regulation
Recital 5

(5) The rights in works and other protected subject matter are harmonised, among others, through Directive 2001/29/EC of the European Parliament and of the Council15 and Directive 2006/115/EC of the European Parliament and of the Council.16 The principal objective of these instruments is to establish a high level of protection for rightholders. _________________ 15 Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society OJ L 167, 22.6.2001, p. 10–19. 16 Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property OJ L 376, 27.12.2006, p. 28–35.

Amendment 39 #

Proposal for a regulation
Recital 6

(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ancillary to broadcast while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies. _________________ 17 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission OJ L 248, 6.10.1993, p. 15– 21.

Amendment 40 #

(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ~~ancillary to broadcast~~ while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems ~~and do not extend to such retransmissions by means of other technologies.~~ _________________ 17 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission OJ L 248, 6.10.1993, p. 15– 21.

Amendment 41 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Recital 6

(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ancillary to broadcast while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies such as wired and wireless technologies. _________________ 17 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission OJ L 248, 6.10.1993, p. 15– 21.

Amendment 42 #

Proposal for a regulation
Recital 6

(6) While Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union~~. However, the provisions of that Directive~~, its provisions on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ancillary to broadcast while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies. _________________ 17 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission OJ L 248, 6.10.1993, p. 15– 21.

Amendment 43 #

Proposal for a regulation
Recital 7

Amendment 44 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA

Proposal for a regulation
Recital 7

(7) Therefore, cross-border provision of online services ~~ancillary t~~of broadcasters and retransmissions of television and radio programmes originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities. Online cross-border access to European content will be further enhanced by including in the online services of broadcasting organisations also their on-line services that mainly consist of the provision to the public of works which are produced, co-produced or commissioned under their editorial responsibility, as most of these will be European works as defined by Directive 2010/13/EU.

Amendment 45 #

Proposal for a regulation
Recital 7

(7) Therefore, cross-border provision of online services ancillary to broadcast and retransmissions of television and radio programmes originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities. Whereas the adaptation of the legal framework may result in limitations on the exercise of exclusive rights, it should only apply in certain special cases which do not conflict with the normal exploitation of the work or other protected subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder.

Amendment 46 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Recital 7

(7) Therefore, cross-border provision of online services ~~ancillary t~~of broadcasters and online retransmissions of television and radio programmes on a multi-platform and technology neutral basis originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities.

Amendment 47 #

Proposal for a regulation
Recital 7

(7) ~~Therefore, cross-border provision of online services ancillary to broadcast~~Bearing in mind the importance of the principle of territoriality for the financing of cultural and cre~~transmissions of television and radio programmes originating in other Memb~~ative content, and in particular of audiovisual works, the provisions of Directive 93/83/EEC on cross-border Stsate~~s should be facilita~~llited b~~y adapting the legal framework on the exercise of copyright and related rights relevant for those activities~~roadcasting and retransmission by cable should not be extended to on-line services ancillary to broadcasting and retransmission.

Amendment 48 #

Proposal for a regulation
Recital 7

(7) Therefore, cross-border provision of online services that are ancillary to broadcast, and retransmissions of television and radio programmes originating in other Member States, should be facilitated by adapting the particular legal framework on the exercise of copyright and related rights relevant for those specific activities.

Amendment 49 #

Proposal for a regulation
Recital 7

(7) Therefore, cross-border provision of ~~online~~ services ~~ancillary to~~for the broadcast and retransmissions of television and radio programmes originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities.

Amendment 50 #

Proposal for a regulation
Recital 7

(7) Therefore, cross-border provision of online services ~~ancillary to broadcast~~ and retransmissions of television and radio programmes originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities.

Amendment 51 #

Proposal for a regulation
Recital 8

(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch-up services). In addition, ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme’s content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service.deleted

Amendment 52 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary online~~ services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services). In addition, ~~ancillary~~ online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme’s content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service.

Amendment 53 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are those services offered by broadcasting organisations ~~which~~and service providers, which could have a clear and subordinate relationship to the broadcast or consist in online-only TV and radio-like services. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services)~~. In addition, ancillary online services include~~ and services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme’s content. ~~The provis~~In addition, o~~f ac~~nline servicess ~~to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, t~~include: online-only linear transmission (for example, webcasting), not linked to the broadcast, transmitted by broadcasting organisations and/or services providers, services provided simultaneously with, or for a defined period of time after, their transmission, services giving access to any material, produced by or for the broadcasting organisation or the service provider, ancillary to such transmission. The provision of access to individual works or other protected subject matter ~~independently of broadcast, such as services giv~~that have been incorporated ing a~~ccess to individual musical~~ television or raudio~~visual works, music albums or videos, do not fall under the definition of ancillary~~ programme should not be regarded as an online service.

Amendment 54 #

Proposal for a regulation
Recital 8

(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch-up services). In addition, ancillary online services include services which give access to promotional material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, ~~extending,~~ supplementing or reviewing the relevant programme’s content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service including in particular all types of video on-demand services whether based on subscription or transactional. Similarly, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service.

Amendment 55 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast,services giving access to television and radio content including services giving access to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch-up services). ~~In addition, ancillary online services~~They include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme’s content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, as well as material genuinely produced for the online environment. Public broadcasters in particular need to be able to use different dissemination channels to reach different audiences in order to fulfil their public service mandate. In order to reach younger audiences, the possibility to disseminate services designed for the online environment is crucial. Therefore, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos~~, do not fall under~~ and webcasting are included in the scope of the definition of ~~ancillary~~ online services.

Amendment 56 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are exclusively those services offered by broadcasting organisations ~~which have a clear and subordinate relationship to the broadcast~~. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, ~~within a defined time period~~before, during or after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (~~so-called~~e.g. catch- up services or previews). In addition, ~~ancillary online services~~they include services which give access to material which enriches, makes more accessible or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme’s content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, tAn online service may also consist of online content from a broadcasting organisation which chiefly provides access to works that have been produced, co-produced or commissioned under its own editorial responsibility and are only broadcast online. The provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, ~~do not fall under the definition of ancillary online service~~and webcasting will fall within the scope of this Regulation.

Amendment 57 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are those services offered by broadcasting organisations ~~which have a clear and subordinate relationship to the broadcast~~. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, ~~with~~in a ~~defined time period after the broadcast,~~non linear manner to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services). In addition, ~~ancillary~~ online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme’s content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should ~~not~~ be regarded as an ~~ancillary~~ online service . ~~Similarly, t~~The provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of an~~cillary~~ online service for the purpose of this Regulation.

Amendment 58 #

Proposal for a regulation
Recital 8

(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear ~~and subordinate~~ relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, ~~within a defined time period after~~after or before the broadcast, to television and radio programmes which have been previously or will be broadcast by the broadcasting organisation (so-called catch- up services and previews). In addition, ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme’s content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of acIn order to reach younger audiences, which mainly consume television and radio programmes online, it is crucial to enable broadcasting organisations to also disseminate across borders content produced only for the online environment. Therefore, ancillary online services also include servicess ~~to works o~~by or under othe~~r protected subject matter independentl~~ control and responsibility of a broadcast~~, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service~~ing organisation giving access only online to audio and audiovisual content.

Amendment 59 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are those services offered by broadcasting organisations ~~which have a clear and subordinate relationship to the broadcast~~. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, ~~within a defined time period~~before, during or after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services). In addition, ~~ancillary~~ online services include services which give access to ~~material which enriches or otherwise expands television and radio programmes broadcast by the~~accompanying material exclusively produced from or co-produced for a broadcast~~ing~~ organisation~~, including by way of previewing, extending, supplementing~~ for the online environment, as well as previews, trailers, supplements, makings of, extensions or review~~ing~~s to the relevant programme’s content. ~~The provision of access to individual works or other protected subject matter that have been incorporated in a telev~~An online service may also consist of online content from a broadcasting organisation which provides access to works that have been produced, co-produced or commission ~~or radio programme should not be regarded as an ancillary online service. Similarly~~ed under its own editorial responsibility and are only broadcast online. Therefore, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or, videos~~, do not fall under the~~ or webcasting are included in the scope of definition of ~~ancillary~~ online service.

Amendment 60 #

Proposal for a regulation
Recital 9

Amendment 61 #

Amendment 62 #

Proposal for a regulation
Recital 9

Amendment 63 #

Proposal for a regulation
Recital 9

(9) In order to facilitate the clearance of rights for the provision of ~~ancillary~~ online services across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision of, the access to or the use of an ~~ancillary~~ online service. That principle of country of origin should apply ~~exclusively~~ to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations and ~~solely for the purpose of the provision of, the access to or the use of an ancillary online service. The principle of country of origin should not apply~~ to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights and which is contained in the ~~ancillary~~ online service.

Amendment 64 #

Proposal for a regulation
Recital 9

Amendment 65 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA

Proposal for a regulation
Recital 9

(9) In order to facilitate the clearance of rights for the provision of ~~ancillary online~~ services across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision of, the access to or the use of an ancillary online service. That principle of country of origin should apply exclusively to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations and solely for the purpose of the provision of, the access to or the use of a~~n ancillary online~~ service. The principle of country of origin should not apply to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights ~~and which is contained in the ancillary online service~~.

Amendment 66 #

Proposal for a regulation
Recital 9

(9) In order to facilitate the clearance of rights for the provision of ancillary online services across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision ~~of, the access to or the use~~ of an ancillary online service. That principle of country of origin should apply exclusively to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations and solely for the purpose of the provision ~~of, the access to or the use~~ of an ancillary online service. The principle of country of origin should not apply to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights and which is contained in the ancillary online service.

Amendment 67 #

Proposal for a regulation
Recital 9

(9) In order to facilitate the clearance of rights for the provision of ~~ancillary~~ online services across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision of, the access to or the use of an ~~ancillary~~ online service. That principle of country of origin should apply exclusively to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations or service providers and solely for the purpose of the provision of, the access to or the use of an ~~ancillary~~ online service. The principle of country of origin should not apply to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights and which is contained in the ~~ancillary~~ online service.

Amendment 68 #

Proposal for a regulation
Recital 9 a (new)

(9a) The country of origin principle should not apply to ancillary online services, which are primarily or solely targeted to a Member State other than the Member State in which the broadcasting organisation has its principal establishment. Such an ancillary online service is a service where it is obvious that the audience targeted by the service is limited to the population of a Member State other than the Member State in which the broadcasting organisation has its principal establishment and where it is unlikely that the service will have a significant number of users in the Member State in which the broadcasting organisation has its principle establishment.

Amendment 69 #

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version.deleted

Amendment 70 #

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version.deleted

Amendment 71 #

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member StatWhere broadcasts by broadcasting organisations apply to online services, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version.

Amendment 72 #

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ~~ancillary~~ online service is deemed to occur solely in the Member State in which the broadcasting organisation or the service provider has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the nature and features of the service, the audience, including the audience in the Member State in which the broadcasting organisation or service providers has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version.

Amendment 73 #

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ~~ancillary~~ online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ~~ancillary online~~ service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version.

Amendment 74 #

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ~~ancillary~~ online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ~~ancillary~~ online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ~~ancillary~~ online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ~~ancillary~~ online service is accessed and used, and thall available language versions.

Amendment 75 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA, Santiago FISAS AYXELÀ

Proposal for a regulation
Recital 11

(11) This Regulation determines that certain online transmissions by broadcasting organisations are subject only to the national laws of the Member States of establishment of those organisations. However, these provisions affect neither the rights provided under Directive 2001/29/EC nor the rights acquisition on a contractual basis for such online transmissions. Therefore, through the principles of territoriality and contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 76 #

Helga TRÜPEL

Proposal for a regulation
Recital 11

(11) This regulation stipulates that certain online services provided by broadcasters are subject only to the law of the Member State in which the broadcaster is established. This provision is without prejudice to the rights enshrined in Directive 2001/29 /EC and the acquisition of rights under the principle of freedom of contract. Through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission, such as geo-blocking and geo-filtering, or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 77 #

Proposal for a regulation
Recital 11

(11) Through the principle of contractual freedom ~~it wi~~and in order to support existing licensing models, such as exclusive territorial licensing which enables the financing mechanisms which are vital to audiovisual production, optimal distribution and the promotion of cultural diversity it shall be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission, such as geo-blocking and geo-filtering, or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 78 #

Proposal for a regulation
Recital 11

(11) Through the principle of contractual freedom it ~~will be~~remains possible to ~~continue~~ limit~~ing~~ the exploitation of the rights ~~affected by the principle of country of origin laid down in this Regulation~~, especially as far as certain technical means of transmission or certain language versions a~~re concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law~~nd the necessarily territorial nature of certain contracts are concerned.

Amendment 79 #

Proposal for a regulation
Recital 11

(11) Through the principle of contractual freedom it ~~will be possible~~is necessary to continue limiting the exploitation of the rights ~~affected by the principle of country of origin laid down~~set out in this Regulation, especially as far as certain technical means of transmission or certain language versions are concerned~~, provided that any such limitations of the exploitation of those rights are in compliance with Union law~~.

Amendment 80 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Recital 11

Amendment 81 #

Proposal for a regulation
Recital 11

(11) Through the principles of territoriality and contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission, such as geo-blocking, or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 82 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Bogdan Brunon WENTA, Marc TARABELLA, Santiago FISAS AYXELÀ

Proposal for a regulation
Recital 11

(11) Through the principle of contractual freedom it ~~will be~~is still possible to ~~continue~~ limit~~ing~~ the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law and national law.

Amendment 83 #

Proposal for a regulation
Recital 11 a (new)

(11a) Direct injection technologies allow the programme-carrying signal of a broadcaster organisation to be transmitted exclusively to operators of retransmission services. The operators in turn package the signals and deliver them to their customers, frequently including other value added related services such as catch-up, local portability, streaming services. Delivering programming that is bundled and managed by broadcaster organisations accounts for a significant share of revenue for operators of cable retransmission services. Operators of retransmission services should continue to remunerate rights holders irrespective of the technology used.

Amendment 84 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, provide services which are equivalent to those provided by operators of cable retransmissIn view of the principle of contractual freedom, and although the collective management model might be encouraged, it would be recommendable not to implement new legislation sper~~vices when they retransmit simultaneously, in an unaltered and unabridged manner,~~taining to rights clearance procedures for rseception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmisondary retransmissions of programmes by operators of packages of televisions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit IP-based networksradio channels by means of IPTV or other closed electronic communication networks. Moreover, no changes of a legal nature should be made at this stage in respect of retransmission services offered on the open internet.

Amendment 85 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, as well as on the open internet, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite ~~but excluding online transmissions,~~ and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should only be excluded from the scope of this Regulation ~~as those services have different characteristics. They are not linked to any particular infrastructure and~~if their ability to ensure a controlled environment is significantly limited when compared for example to cable or closed circuit IP-based networks. Where a retransmission service offered on the open internet is provided to a closed group of subscribers or registered users the service should be regarded as being provided in a controlled environment.

Amendment 86 #

Sabine VERHEYEN

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, as well as over an internet access service as defined in Regulation 2015/2010 of the European Parliament and the Council, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite ~~but excluding online transmissions~~, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation ~~as those services have different characteristics. T~~if they are not linked to any particular infrastructure and their ability to ensure a controlled user group environment is significantly limited when compared for example to cable or closed circuit IP-based networks.

Amendment 87 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Recital 12

Amendment 88 #

Proposal for a regulation
Recital 12

Amendment 89 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, ~~closed circuit~~ IP-based, mobile and similar networks, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. In order to adapt to the development of digital technologies and to the changing user behaviour, this mechanism should include the retransmission, in an unaltered manner, via the internet by over the top (OTT) service providers. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation if they cannot to ensure a controlled environment, i~~s limit~~ncluding IP based, wh~~en compared for example to c~~ich is given if the user group is definable orby a closed ~~circuit IP-based networks~~user group.

Amendment 90 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, provide services ~~which~~that are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services ~~which~~that are offered on the open internet should, however, be excluded from the scope of this Regulation as ~~those~~such services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit IP-based networks.

Amendment 91 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and ~~similar networks~~via an internet access service provided in accordance with Regulation (EU) No 2015/2120 of the European Parliament and of the Council, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite ~~but excluding~~and online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation ~~as those services have different characteristics. They are not linked to any particular infrastructure and their ability to~~only if they cannot ensure a controlled environment ~~is limite~~and wthe~~n compared for example to cable or closed circuit IP-based network~~ir services do not have a definable number of users.

Amendment 92 #

Proposal for a regulation
Recital 12 a (new)

(12a) The provisions of this Regulation are without prejudice to any existing or future arrangements in the Member States concerning the management of rights such as mandatory or extended collective licensing, legal presumptions or representation or transfer, collective management or similar arrangements or a combination of them.

Amendment 93 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation toemphasis should be placed on the principle of contractual freedom, which ensures genuine protection of right holders and content creators in general. It is also necessary to underscore the possibility of exerciseing the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi- territorial licensing of rights in musical works for online use in the internal market, OJ L 84, 20.3.2014, p. 72–98 or otherwise.

Amendment 94 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks, as well as via the open internet as long as the number of users is definable, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi- territorial licensing of rights in musical works for online use in the internal market, OJ L 84, 20.3.2014, p. 72–98.

Amendment 95 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks, as well as on the open internet but in a controlled environment, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi- territorial licensing of rights in musical works for online use in the internal market, OJ L 84, 20.3.2014, p. 72–98.

Amendment 96 #

Sabine VERHEYEN

Proposal for a regulation
Recital 13

Amendment 97 #

Proposal for a regulation
Recital 13

Amendment 98 #

Proposal for a regulation
Recital 13 a (new)

(13a) In order to meet with consumer demands, the exercise of retransmission rights as defined in this Regulation and in Council Directive 93/83/EEC should also apply to the re-use of the broadcasting organisation’s on-demand services by operators of retransmission services as well as to functionalities, which are closely connected to the linear broadcast for which the retransmission rights are obtained. Time shifted services, which are only made available for a limited period of time after the retransmission, such as internet-based PVR (personal video recording) and restart-TV should be regarded as examples for such functionalities.

Amendment 99 #

Proposal for a regulation
Recital 14

(14) ~~Any~~The aforesaid principles also apply to rights held by broadcasting organisations themselves in respect of their broadcasts, including rights in the content of the programmes,. It should be ~~exempted from the mandatory collective management of rights applicable for retransmissions. O~~noted in this respect that operators of retransmission services and broadcasting organisations generally have ongoing commercial relations ~~and a~~. As a result, the identity of broadcasting organisations is known to operators of retransmission services and hence the clearance of rights with broadcasting organisations is comparatively simple. Thus, to obtain the necessary licences from broadcasting organisations, operators of retransmission services do not face the same burden as they face to obtain licences from holders of rights in works and other protected subject matter included in the retransmitted television and radio programmesrelatively simple. Therefore, there is no need for the simplification of the licensing process with regard to rights held by broadcasting organisations.

source: 599.845

2017/05/03 ITRE 138 amendments...

Amendment 100 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) (2) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1 and for which that party has acquired the relevant rights.

Amendment 101 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, in a closed environment, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is equivalent to those carried out by cable retransmission services operators and is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 102 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, in a closed environment, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission has the same characteristics as the cable retransmission and is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 103 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over a mobile network or an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 104 #

Cornelia ERNST

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite ~~but excluding online transmission~~or online, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 105 #

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(b a) (3) "direct injection" means a two- or more step process whereby broadcasting organisations transmit the signals carrying their television or radio programmes intended for the reception by the public to service providers through a point-to-point communication -by wire or over the air, including by satellite – in such a way that the signals cannot be accessed by the general public during such transmission. Service providers offer these programmes to the public, simultaneously in an unaltered and unabridged manner, for viewing or listening by various techniques such as cable, microwave systems, satellite, digital terrestrial, IP-based, mobile or similar networks.

Amendment 106 #

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(b a) "direct injection" means a two- step process whereby broadcasting organisations transmit the signals carrying their television or radio programmes intended for the reception by the public to service providers through a point-to-point communication – by wire or over the air, including by satellite – in a way that the signals cannot be accessed by the public during this transmission. Service providers offer to the public these unaltered and unbridged programmes simultaneously by various techniques such as cable or microwave system, satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks.

Amendment 107 #

Proposal for a regulation
Article 1 – paragraph 1 – point b b (new)

(b b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite and online transmission, of television or radio programmes intended for the reception by the public.Such retransmission must be equivalent to retransmissions by operators of cable retransmission services and must be made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made.

Amendment 108 #

Proposal for a regulation
Article 2

Amendment 109 #

Proposal for a regulation
Article 2

Amendment 110 #

Hermann WINKLER

Proposal for a regulation
Article 2

Application of the principle of ‘country of (1)The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. (2)When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.rticle 2 deleted origin’ to ancillary online services

Amendment 111 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Article 2 – title

Application of the principle of ‘'country of origin’' to ~~ancillary~~ online services

Amendment 112 #

Proposal for a regulation
Article 2 – title

Application of the principle of ‘country of origin’ to ~~ancillary~~ online services

Amendment 113 #

Proposal for a regulation
Article 2 – paragraph 1

Amendment 114 #

Eva KAILI

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available of news and current affaires programmes occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction of news and current affaires programmes which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.

Amendment 115 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available of news and current affairs programmes occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction of news and current affairs programmes which are necessary for the provision ~~of, the access to or the use~~ of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.

Amendment 116 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available occurring when providing an ~~ancillary~~ online service by or under the control and responsibility of a broadcasting organisation or a service provider as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ~~ancillary~~ online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation or the service provider has its principal establishment.

Amendment 117 #

Proposal for a regulation
Article 2 – paragraph 1

Amendment 118 #

Proposal for a regulation
Article 2 – paragraph 1 a (new)

(1a) Paragraph 1 shall not apply to online services which, taken as a whole, are primarily and mainly targeted at an audience outside the Member State in which the broadcasting organisation is established. Paragraph 1 shall not undermine the principle of territorial exploitation of rights or contractual freedom in copyright law, and shall be without prejudice to the rights set out in Directive 2001/29/EC.

Amendment 119 #

Proposal for a regulation
Article 2 – paragraph 1 a (new)

(1 a) Paragraph 1 shall only apply to news, cultural, political or entertainment programmes provided by the broadcasting organisations aforementioned , unless otherwise agreed by the parties.

Amendment 120 #

Proposal for a regulation
Article 2 – paragraph 1 a (new)

(1 a) Paragraph 1 does not affect the principles of territoriality and contractual freedom under copyright and is without prejudice to any right provided under Directive 2001/29/EC.

Amendment 121 #

Proposal for a regulation
Article 2 – paragraph 2

Amendment 122 #

Cornelia ERNST

Proposal for a regulation
Article 2 – paragraph 2

Amendment 123 #

Esther DE LANGE

Proposal for a regulation
Article 2 – paragraph 2

(2) When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service ~~such as~~. This should include the features of the ancillary online service, the audience~~, and the~~ in the Member State in which the broadcaster has its principal establishment, as well as the audience in other Member States in which the online service is being used, and the different language versions.

Amendment 124 #

Proposal for a regulation
Article 2 – paragraph 2

Amendment 125 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Article 2 – paragraph 2

(2) When fixing the amount of the payment to be made for the r~~ights subject to the country of origin principle a~~elevant rights set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.

Amendment 126 #

Proposal for a regulation
Article 2 – paragraph 2

Amendment 127 #

Proposal for a regulation
Article 2 – paragraph 2 – point 1 (new)

(1) The application of the principle of territoriality may be subject to transitional derogations in order to guarantee the safeguarding of fundamental interests such as protection for linguistic minorities, cultural diversity and the continued existence of a local audiovisual industry.

Amendment 128 #

Proposal for a regulation
Article 2 – paragraph 2 a (new)

(2 a) By virtue of the principle of contractual freedom, the parties shall be entitled to continue agreeing on the introduction of limits on the exploitation of the rights referred to in paragraph 1, provided that any such limitations are in compliance with Union and the Member States law.

Amendment 129 #

Proposal for a regulation
Article 2 – paragraph 2 a (new)

(2 a) With respect to the exercise of any right under the previous paragraphs, exclusive jurisdiction on any dispute related thereto shall be with the relevant body or authority of the Member State in which the broadcasting organisation providing the online service is established.

Amendment 130 #

Proposal for a regulation
Article 2 – paragraph 2 a (new)

(2a) The competent jurisdiction for disputes with regard to the exercise of the rights resulting from this Article shall be that of the Member State in which the broadcasting organisation is established.

Amendment 131 #

Proposal for a regulation
Article 2 – paragraph 2 b (new)

(2 b) Paragraph 1 shall not apply to ancillary online services that are primarily and mainly targeted at an audience outside the Member State in which the broadcasting organisation has its principal establishment.

Amendment 132 #

Hermann WINKLER

Proposal for a regulation
Article 2 a (new)

Article 2a The retransmission of the initial transmission of a television or radio programme from one Member State to other Member States by means of an ancillary online service within the meaning of this Regulation shall take place in compliance with the applicable copyright, related rights and rights to other subject-matter and on the basis of individual or collective contractual agreements between copyright owners, holders of related rights, holders of rights to other subject-matter and operators of retransmission services.

Amendment 133 #

Proposal for a regulation
Article 3 – title

Exercise of the rights in retransmission and in re-use of broadcasting organisations' on- demand services by right holders other than broadcasting organisations

Amendment 134 #

Paul RÜBIG

Proposal for a regulation
Article 3 – paragraph 1

(1) Holders of copyright and related rights other than broadcasting organisations may exercise their rights to grant or refuse the authorisation for a retransmission ~~only through a collective management organisation~~and acts of reproduction, which are necessary for the provision of Art 1 point b only through a collective management organisation in a single agreement and tariff. Art 2 Par 2 shall apply correspondingly.

Amendment 135 #

Proposal for a regulation
Article 3 – paragraph 1 a (new)

(1 a) When an author has transferred his or her right to retransmission to a producer, he or she shall retain an unwaivable right to obtain an equitable remuneration for the retransmission of the work which may be exercised only through a collective management organisation representing authors, unless other collective management agreements guarantee such remuneration to audiovisual authors.

Amendment 136 #

Theresa GRIFFIN, Mary HONEYBALL

Proposal for a regulation
Article 3 – paragraph 1 a (new)

(1 a) When an author has transferred his right to retransmission to a producer, he shall retain an unwaivable right to obtain an equitable remuneration for the retransmission of the work which may be exercised only through a collective management organisation representing authors, unless other collective management agreements guarantee such remuneration to audiovisual authors.

Amendment 137 #

Proposal for a regulation
Article 3 – paragraph 1 a (new)

(1 a) Notwithstanding the transferral of a right to retransmission to a producer, an author shall retain an unwaivable right to obtain an equitable remuneration for the retransmission of their work. This may only be exercised through a collective management organisation that guarantees such remuneration to audiovisual authors.

Amendment 138 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Article 3 – paragraph 4

(4) A right holder shall have the same rights and obligations resulting from the agreement between the operator of the retransmission service and the collective management organisation which is deemed to be mandated to manage his or her right as the right holders who have mandated that collective management organisation and shall be able to claim those rights within a period, to be fixed by the Member State concerned, which shall not be shorter than ~~thre~~five years from the date of the retransmission which includes his or her work or other protected subject matter.

Amendment 139 #

Hermann WINKLER

Proposal for a regulation
Article 3 – paragraph 5

Amendment 14 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Recital 1

(1) In order to contribute to the functioning of the internal market and to promote cultural and linguistic diversity, social cohesion, and access to information, it is necessary to provide for wider dissemination of television and radio programmes originating in other Member States for the benefit of users across the Union by facilitating licensing of copyright and related rights in works and other protected subject-matter contained in broadcasts of such programmes. ~~Indeed, television and radio programmes are important means of promoting cultural and linguistic diversity, social cohesion and access to information.~~

Amendment 140 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

Amendment 141 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5 a) Collective management organisations shall maintain a database providing information related to the application of the copyright and related rights including the owner of a right, the type of use, the territory, and period of time applicable to the protected works.

Amendment 142 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5 a) The principles of the paragraphs 1 to 5 shall apply also to the integral re- use of the broadcasting organisation's on- demand services by a party other than the broadcasting organisation under whose control and responsibility such services were primarily made available.

Amendment 143 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5 a) (6) Paragraphs 1 to 5 shall apply to service providers who transmit to the public television and radio programmes of broadcasting organisations received through direct injection.

Amendment 144 #

Proposal for a regulation
Article 3 a (new)

Article 3 a Exercise of the rights in retransmission by rightholders other than broadcasting organisations in a direct injection context Article 3 applies to service providers who transmit to the public television and radio programmes of broadcasting organisations received through direct injection, without prejudice of the authorisation that broadcasting organisations have to get from rightholders for the act of communication to the public they perform jointly with service providers.

Amendment 145 #

Proposal for a regulation
Article 4 a (new)

Article 4 a Exploitation of broadcasting programmes through a direct injection process Broadcasting organisations that transmit their programme carrying signals through a direct injection process to distributors for reception by the public are jointly liable together with such distributors for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together. In such a situation, both the broadcasting organisation and the distributors involved in the process should obtain an authorisation from the relevant rights holders as concerns their respective participation and exploitation in such acts.

Amendment 146 #

Proposal for a regulation
Article 5

Amendment 147 #

Proposal for a regulation
Article 5

Amendment 148 #

Proposal for a regulation
Article 5 – paragraph 1

Amendment 149 #

Proposal for a regulation
Article 5 – paragraph 1

Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available of news and current affairs programmes occurring in the course of provision of an ancillary online service as well as for the acts of reproduction of news and current affairs programmes which are necessary for the provision ~~of, the access to or the use~~ of an ancillary online service which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 2 years, to be inserted by OPOCE] if they expire after that date.

Amendment 15 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Recital 1

~~(1)~~1. In order to contribute to the functioning of the internal market, it is necessary to provide for wider dissemination of television and radio programmes originating in other Member States for the benefit of users across the Union by facilitating licensing of copyright and related rights in works and other protected subject-matter contained in broadcasts of such programmes. Indeed, television and radio programmes are important means of promoting cultural and linguistic diversity, social cohesion and access to information, with which to support programmes for increasing knowledge of official EU languages.

Amendment 150 #

Proposal for a regulation
Article 5 – paragraph 1

Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an ~~ancillary~~ online service as well as for the acts of reproduction which are necessary for the provision of, the access to or the use of an ~~ancillary~~ online service which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 2 years, to be inserted by OPOCE] if they expire after that date.

Amendment 151 #

Barbara KAPPEL, Lorenzo FONTANA, Angelo CIOCCA

Proposal for a regulation
Article 7 – paragraph 2

(2) It shall apply from [612 months following the day of its publication, to be inserted by OPOCE].

Amendment 16 #

Proposal for a regulation
Recital 1

(1) In order to contribute to the functioning of the internal market, it is necessary to provide for wider dissemination of television and radio programmes originating in other Member States for the benefit of users across the Union by facilitating licensing of copyright and related rights in works and other protected subject-matter contained in broadcasts of such programmes. Indeed, television and radio programmes are important means of promoting cultural and linguistic ~~diversity~~education, social cohesion and access to information.

Amendment 17 #

Proposal for a regulation
Recital 1 a (new)

(1а) Encourages the creation of business links between media and radio services operators in the EU Member States, so that, at the request of a consumer resident in any given state, bundled services can be provided that include programmes from another Member State.

Amendment 18 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ~~ancillary to their broadcast~~, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. The distribution of and access to television and radio programmes is therefore increasingly done on a multiplatform and technologically neutral basis. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes on any platform in a borderless environment, therefore not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin..

Amendment 19 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union~~, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin~~.

Amendment 20 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes and other services, both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Furthermore, broadcasting organisations and service providers are also making TV- and radio- like programmes available through linear online-only transmissions (for example, webcasting services), a growing factor that is revolutionising the market. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open iInternet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in a~~nother~~ Member State other than their Member State of origin.

Amendment 21 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and ~~internet ha~~of the online marketplace is transformeding the distribution of, and access to, television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services, in order to broaden their standard programming. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in a~~nother~~ Member State other than their Member State of origin.

Amendment 22 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin or travel there temporarily.

Amendment 23 #

Proposal for a regulation
Recital 2 a (new)

(2а) Audiovisual media service providers shall endeavour to ensure that their technical services are gradually made accessible to persons with visual or hearing disabilities.

Amendment 24 #

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services ~~which are ancillary to~~by broadcasters and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights' clearance. The clearance of rights insufficiently exists on a multiplatform and technology neutral basis and therefore limits the potential of innovation and value that can be created from technological developments. Administrative costs arising from the clearance of rights prevent broadcasters from investing in innovative models to distribute and promote content. In addition, public broadcasting organisations have a duty, either stipulated by law or statute, to promote local culture or improve access to information. Therefore, in order to effectively fulfil these duties and reach the population that has contributed fees or taxes to fulfill this public service, public broadcasters should be able to make available their content to the population of that Member State, independent from their place of residence or temporary location.

Amendment 25 #

Proposal for a regulation
Recital 3

Amendment 26 #

Proposal for a regulation
Recital 3

Amendment 27 #

Barbara KAPPEL, Lorenzo FONTANA, Angelo CIOCCA

Proposal for a regulation
Recital 3

Amendment 28 #

Proposal for a regulation
Recital 3

Amendment 29 #